[Congressional Record Volume 161, Number 111 (Thursday, July 16, 2015)]
[Senate]
[Pages S5158-S5163]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            OLDER AMERICANS ACT REAUTHORIZATION ACT OF 2015

  Ms. COLLINS. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of Calendar No. 12, S. 192; that the 
bill be read for the third time; and that the Senate vote on passage of 
the bill with no intervening action or debate.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 192) to reauthorize the Older Americans Act of 
     1965, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  The PRESIDING OFFICER. Hearing no further debate, the question is, 
Shall the bill pass?
  The bill (S. 192) was passed, as follows:

                                 S. 192

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Older Americans Act 
     Reauthorization Act of 2015''.

     SEC. 2. DEFINITIONS.

       Section 102 of the Older Americans Act of 1965 (42 U.S.C. 
     3002) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) The term `abuse' means the knowing infliction of 
     physical or psychological harm or the knowing deprivation of 
     goods or services that are necessary to meet essential needs 
     or to avoid physical or psychological harm.'';
       (2) by striking paragraph (3) and inserting the following:
       ``(3) The term `adult protective services' means such 
     services provided to adults as

[[Page S5159]]

     the Secretary may specify and includes services such as--
       ``(A) receiving reports of adult abuse, neglect, or 
     exploitation;
       ``(B) investigating the reports described in subparagraph 
     (A);
       ``(C) case planning, monitoring, evaluation, and other 
     casework and services; and
       ``(D) providing, arranging for, or facilitating the 
     provision of medical, social service, economic, legal, 
     housing, law enforcement, or other protective, emergency, or 
     support services.'';
       (3) by striking paragraph (4) and inserting the following:
       ``(4) The term `Aging and Disability Resource Center' means 
     an entity, network, or consortium established by a State as 
     part of the State system of long-term care, to provide a 
     coordinated and integrated system for older individuals and 
     individuals with disabilities (as defined in section 3 of the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12102)), 
     and the caregivers of older individuals and individuals with 
     disabilities, that provides--
       ``(A) comprehensive information on the full range of 
     available public and private long-term care programs, 
     options, service providers, and resources within a community, 
     including information on the availability of integrated long-
     term care services, and Federal or State programs that 
     provide long-term care services and supports through home and 
     community-based service programs;
       ``(B) person-centered counseling to assist individuals in 
     assessing their existing or anticipated long-term care needs 
     and goals, and developing and implementing a person-centered 
     plan for long-term care that is consistent with the desires 
     of such an individual and designed to meet the individual's 
     specific needs, goals, and circumstances;
       ``(C) access for individuals to the full range of publicly-
     supported long-term care services and supports for which the 
     individuals may be eligible, including home and community-
     based service options, by serving as a convenient point of 
     entry for such programs and supports; and
       ``(D) in cooperation with area agencies on aging, centers 
     for independent living described in part C of title VII of 
     the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.), and 
     other community-based entities, information and referrals 
     regarding available home and community-based services for 
     individuals who are at risk for residing in, or who reside 
     in, institutional settings, so that the individuals have the 
     choice to remain in or to return to the community.'';
       (4) in paragraph (14)(B), by inserting ``oral health,'' 
     after ``bone density,'';
       (5) by striking paragraph (17) and inserting the following:
       ``(17) The term `elder justice' means--
       ``(A) from a societal perspective, efforts to--
       ``(i) prevent, detect, treat, intervene in, and prosecute 
     elder abuse, neglect, and exploitation; and
       ``(ii) protect older individuals with diminished capacity 
     while maximizing their autonomy; and
       ``(B) from an individual perspective, the recognition of an 
     older individual's rights, including the right to be free of 
     abuse, neglect, and exploitation.''; and
       (6) in paragraph (18)(A), by striking ``term `exploitation' 
     means'' and inserting ``terms `exploitation' and `financial 
     exploitation' mean''.

     SEC. 3. ADMINISTRATION ON AGING.

       (a) Best Practices.--Section 201 of the Older Americans Act 
     of 1965 (42 U.S.C. 3011) is amended--
       (1) in subsection (d)(3)--
       (A) in subparagraph (H), by striking ``202(a)(21)'' and 
     inserting ``202(a)(18)'';
       (B) in subparagraph (K), by striking ``and'' at the end;
       (C) in subparagraph (L)--
       (i) by striking ``Older Americans Act Amendments of 1992'' 
     and inserting ``Older Americans Act Reauthorization Act of 
     2015''; and
       (ii) by striking ``712(h)(4).'' and inserting ``712(h)(5); 
     and''; and
       (D) by adding at the end the following:
       ``(M) collect and analyze best practices related to 
     responding to elder abuse, neglect, and exploitation in long-
     term care facilities, and publish a report of such best 
     practices.''; and
       (2) in subsection (e)(2), in the matter preceding 
     subparagraph (A), by inserting ``, and in coordination with 
     the heads of State adult protective services programs and the 
     Director of the Office of Long-Term Care Ombudsman Programs'' 
     after ``and services''.
       (b) Training.--Section 202 of the Older Americans Act of 
     1965 (42 U.S.C. 3012) is amended--
       (1) in subsection (a)--
       (A) in paragraph (5), by inserting ``health and economic'' 
     before ``needs of older individuals'';
       (B) in paragraph (7), by inserting ``health and economic'' 
     before ``welfare'';
       (C) in paragraph (14), by inserting ``(including the Health 
     Resources and Services Administration)'' after ``other 
     agencies'';
       (D) in paragraph (27), by striking ``and'' at the end;
       (E) in paragraph (28), by striking the period and inserting 
     a semicolon; and
       (F) by adding at the end the following:
       ``(29) provide information and technical assistance to 
     States, area agencies on aging, and service providers, in 
     collaboration with relevant Federal agencies, on providing 
     efficient, person-centered transportation services, including 
     across geographic boundaries;
       ``(30) identify model programs and provide information and 
     technical assistance to States, area agencies on aging, and 
     service providers (including providers operating multipurpose 
     senior centers), to support the modernization of multipurpose 
     senior centers; and
       ``(31) provide technical assistance to and share best 
     practices with States, area agencies on aging, and Aging and 
     Disability Resource Centers, on how to collaborate and 
     coordinate services with health care entities, such as 
     Federally-qualified health centers, as defined in section 
     1905(l)(2)(B) of the Social Security Act (42 U.S.C. 
     1396d(l)(2)(B)), in order to improve care coordination for 
     individuals with multiple chronic illnesses.'';
       (2) in subsection (b)--
       (A) in paragraph (5)--
       (i) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (C), by inserting ``and'' after the 
     semicolon; and
       (iii) by adding at the end the following:
       ``(D) when feasible, developing, in consultation with 
     States and national organizations, a consumer-friendly tool 
     to assist older individuals and their families in choosing 
     home and community-based services, with a particular focus on 
     ways for consumers to assess how providers protect the 
     health, safety, welfare, and rights, including the rights 
     provided under section 314, of older individuals;'';
       (B) in paragraph (8)--
       (i) in subparagraph (B), by inserting ``to identify and 
     articulate goals of care and'' after ``individuals'';
       (ii) in subparagraph (D)--

       (I) by inserting ``respond to or'' before ``plan''; and
       (II) by striking ``future long-term care needs; and'' and 
     inserting ``long-term care needs;'';

       (iii) in subparagraph (E), by adding ``and'' at the end; 
     and
       (iv) by adding at the end the following:
       ``(F) to provide information and referrals regarding 
     available home and community-based services for individuals 
     who are at risk for residing in, or who reside in, 
     institutional settings, so that the individuals have the 
     choice to remain in or to return to the community;''; and
       (3) by adding at the end the following:
       ``(g) The Assistant Secretary shall, as appropriate, ensure 
     that programs authorized under this Act include appropriate 
     training in the prevention of abuse, neglect, and 
     exploitation and provision of services that address elder 
     justice and the exploitation of older individuals.''.
       (c) Reports.--Section 207(a) of the Older Americans Act of 
     1965 (42 U.S.C. 3018(a)) is amended--
       (1) in paragraph (2), by striking ``202(a)(19)'' and 
     inserting ``202(a)(16)''; and
       (2) in paragraph (4), by striking ``202(a)(17)'' and 
     inserting ``202(a)(14)''.
       (d) Authorization of Appropriations.--Section 216 of the 
     Older Americans Act of 1965 (42 U.S.C. 3020f) is amended--
       (1) in subsection (a), by striking ``2007, 2008, 2009, 
     2010, and 2011'' and inserting ``2016, 2017, and 2018'';
       (2) in subsection (b)--
       (A) by striking ``202(a)(24)'' and inserting 
     ``202(a)(21)''; and
       (B) by striking ``2007, 2008, 2009, 2010, and 2011'' and 
     inserting ``2016, 2017, and 2018''; and
       (3) in subsection (c), by striking ``2007, 2008, 2009, 
     2010, and 2011'' and inserting ``2016, 2017, and 2018''.

     SEC. 4. STATE AND COMMUNITY PROGRAMS ON AGING.

       (a) Authorization of Appropriations.--Section 303 of the 
     Older Americans Act of 1965 (42 U.S.C. 3023) is amended--
       (1) in subsection (a)(1), by striking ``fiscal years 2007'' 
     and all that follows and inserting ``each of fiscal years 
     2016 through 2018.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``fiscal years 2007'' and 
     all that follows and inserting ``each of fiscal years 2016 
     through 2018.''; and
       (B) in paragraph (2), by striking ``fiscal years 2007'' and 
     all that follows and inserting ``each of fiscal years 2016 
     through 2018.'';
       (3) in subsection (d), by striking ``fiscal years 2007'' 
     and all that follows and inserting ``each of fiscal years 
     2016 through 2018.''; and
       (4) in subsection (e)(2), by striking ``2011'' and 
     inserting ``2011 and each of fiscal years 2016 through 
     2018''.
       (b) Allotment.--Section 304 of the Older Americans Act of 
     1965 (42 U.S.C. 3024) is amended--
       (1) in subsection (a)(3), by striking subparagraph (D) and 
     inserting the following:
       ``(D)(i) For each of fiscal years 2016 through 2018, no 
     State shall be allotted an amount that is less than 99 
     percent of the amount allotted to such State for the previous 
     fiscal year.
       ``(ii) For fiscal year 2019 and each subsequent fiscal 
     year, no State shall be allotted an amount that is less than 
     100 percent of the amount allotted to such State for fiscal 
     year 2018.''; and
       (2) in subsection (b), by striking ``subpart 1 of''.
       (c) Planning and Service Areas.--Section 
     305(b)(5)(C)(i)(III) of the Older Americans Act of 1965 (42 
     U.S.C. 3025(b)(5)(C)(i)(III)) is amended by striking 
     ``planning and services areas'' and inserting ``planning and 
     service areas''.
       (d) Area Plans.--Section 306 of the Older Americans Act of 
     1965 (42 U.S.C. 3026) is amended--

[[Page S5160]]

       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``establishment, 
     maintenance, or construction of multipurpose senior 
     centers,'' and inserting ``establishment, maintenance, 
     modernization, or construction of multipurpose senior centers 
     (including a plan to use the skills and services of older 
     individuals in paid and unpaid work, including 
     multigenerational and older individual to older individual 
     work),''; and
       (B) in paragraph (6)--
       (i) in subparagraph (G), by adding ``and'' at the end; and
       (ii) by adding at the end the following:
       ``(H) in coordination with the State agency and with the 
     State agency responsible for elder abuse prevention services, 
     increase public awareness of elder abuse, neglect, and 
     exploitation, and remove barriers to education, prevention, 
     investigation, and treatment of elder abuse, neglect, and 
     exploitation, as appropriate;''; and
       (2) in subsection (b)(3)--
       (A) in subparagraph (J), by striking ``and'' at the end;
       (B) by redesignating subparagraph (K) as subparagraph (L); 
     and
       (C) by inserting after subparagraph (J) the following:
       ``(K) protection from elder abuse, neglect, and 
     exploitation; and''.
       (e) State Plans.--Section 307(a)(2)(A) of the Older 
     Americans Act of 1965 (42 U.S.C. 3027(a)(2)(A)) is amended by 
     striking ``202(a)(29)'' and inserting ``202(a)(26)''.
       (f) Nutrition Services Incentive Program.--Section 311(e) 
     of the Older Americans Act of 1965 (42 U.S.C. 3030a(e)) is 
     amended by striking ``fiscal year 2007'' and all that follows 
     and inserting ``each of fiscal years 2016 through 2018.''.
       (g) Supportive Services.--Section 321 of the Older 
     Americans Act of 1965 (42 U.S.C. 3030d) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``or referral services'' 
     and inserting ``referral, chronic condition self-care 
     management, or falls prevention services'';
       (B) in paragraph (8), by striking ``(including'' and all 
     that follows and inserting the following: ``(including mental 
     and behavioral health screening and falls prevention services 
     screening) to detect or prevent (or both) illnesses and 
     injuries that occur most frequently in older individuals;'' 
     and
       (C) in paragraph (15), by inserting before the semicolon 
     the following: ``, and screening for elder abuse, neglect, 
     and exploitation'';
       (2) in subsection (b)(1), by inserting ``or modernization'' 
     after ``construction'';
       (3) in subsection (c), by inserting before the period the 
     following: ``, and pursue opportunities for the development 
     of intergenerational shared site models for programs or 
     projects, consistent with the purposes of this Act''; and
       (4) by adding at the end the following:
       ``(e) In this section, the term `adult child with a 
     disability' means a child who--
       ``(1) is age 18 or older;
       ``(2) is financially dependent on an older individual who 
     is a parent of the child; and
       ``(3) has a disability.''.
       (h) Home Delivered Nutrition Services Program.--Section 
     336(1) of the Older Americans Act of 1965 (42 U.S.C. 
     3030f(1)) is amended by striking ``canned'' and all that 
     follows through ``meals'' and inserting ``canned, or fresh 
     foods and, as appropriate, supplemental foods, and any 
     additional meals''.
       (i) Nutrition Services.--Section 339 of the Older Americans 
     Act of 1965 (42 U.S.C. 3030g-21) is amended
       (1) in paragraph (1), by striking ``solicit'' and inserting 
     ``utilize''; and
       (2) in paragraph (2)--
       (A) in subparagraph (J), by striking ``and'' at the end;
       (B) in subparagraph (K), by striking the period and 
     inserting ``, and''; and
       (C) by adding at the end the following:
       ``(L) where feasible, encourages the use of locally grown 
     foods in meal programs and identifies potential partnerships 
     and contracts with local producers and providers of locally 
     grown foods.''.
       (j) Evidence-Based Disease Prevention and Health Promotion 
     Services Program.--Part D of title III of the Older Americans 
     Act of 1965 (42 U.S.C. 3030m et seq.) is amended--
       (1) in the part heading, by inserting ``Evidence-Based'' 
     before ``Disease''; and
       (2) in section 361(a), by inserting ``evidence-based'' 
     after ``to provide''.
       (k) Older Relative Caregivers.--
       (1) Technical amendment.--Part E of title III of the Older 
     Americans Act of 1965 (42 U.S.C. 3030s et seq.) is amended by 
     striking the subpart heading for subpart 1.
       (2) Definitions.--Section 372 of such Act (42 U.S.C. 3030s) 
     is amended--
       (A) in subsection (a)--
       (i) in paragraph (1), by striking ``or who is an individual 
     with a disability''; and
       (ii) by striking paragraph (2) and inserting the following:
       ``(2) Individual with a disability.--The term `individual 
     with a disability' means an individual with a disability, as 
     defined in section 3 of the Americans with Disabilities Act 
     of 1990 (42 U.S.C. 12102), who is not less than age 18 and 
     not more than age 59.
       ``(3) Older relative caregiver.--The term `older relative 
     caregiver' means a caregiver who--
       ``(A)(i) is age 55 or older; and
       ``(ii) lives with, is the informal provider of in-home and 
     community care to, and is the primary caregiver for, a child 
     or an individual with a disability;
       ``(B) in the case of a caregiver for a child--
       ``(i) is the grandparent, stepgrandparent, or other 
     relative (other than the parent) by blood, marriage, or 
     adoption, of the child;
       ``(ii) is the primary caregiver of the child because the 
     biological or adoptive parents are unable or unwilling to 
     serve as the primary caregivers of the child; and
       ``(iii) has a legal relationship to the child, such as 
     legal custody, adoption, or guardianship, or is raising the 
     child informally; and
       ``(C) in the case of a caregiver for an individual with a 
     disability, is the parent, grandparent, or other relative by 
     blood, marriage, or adoption, of the individual with a 
     disability.''; and
       (B) in subsection (b)--
       (i) by striking ``subpart'' and all that follows through 
     ``family caregivers'' and inserting ``part, for family 
     caregivers'';
       (ii) by striking ``; and'' and inserting a period; and
       (iii) by striking paragraph (2).
       (l) National Family Caregiver Support Program.--Section 373 
     of the Older Americans Act of 1965 (42 U.S.C. 3030s-1) is 
     amended--
       (1) in subsection (a)(2), by striking ``grandparents or 
     older individuals who are relative caregivers.'' and 
     inserting ``older relative caregivers.'';
       (2) in subsection (c)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``grandparents and older individuals who are 
     relative caregivers, and who'' and inserting ``older relative 
     caregivers, who''; and
       (B) in paragraph (2)(B), by striking ``to older individuals 
     providing care to individuals with severe disabilities, 
     including children with severe disabilities'' and inserting 
     ``to older relative caregivers of children with severe 
     disabilities, or individuals with disabilities who have 
     severe disabilities'';
       (3) in subsection (e)(3), by striking ``grandparents or 
     older individuals who are relative caregivers'' and inserting 
     ``older relative caregivers'';
       (4) in subsection (f)(1)(A), by striking ``for fiscal years 
     2007, 2008, 2009, 2010, and 2011'' and inserting ``for a 
     fiscal year''; and
       (5) in subsection (g)(2)(C), by striking ``grandparents and 
     older individuals who are relative caregivers of a child who 
     is not more than 18 years of age'' and inserting ``older 
     relative caregivers''.
       (m) Conforming Amendment.--Part E of title III is amended 
     by striking ``this subpart'' each place it appears and 
     inserting ``this part''.

     SEC. 5. ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY.

       (a) Grant Programs.--Section 411 of the Older Americans Act 
     of 1965 (42 U.S.C. 3032) is amended--
       (1) in subsection (a)--
       (A) in paragraph (12), by striking ``and'' at the end;
       (B) by redesignating paragraph (13) as paragraph (14); and
       (C) by inserting after paragraph (12) the following:
       ``(13) continuing support for program integrity initiatives 
     concerning the Medicare program under title XVIII of the 
     Social Security Act (42 U.S.C. 1395 et seq.) that train 
     senior volunteers to prevent and identify health care fraud 
     and abuse; and'';
       (2) in subsection (b), by striking ``for fiscal years 
     2007'' and all that follows through ``2011'' and inserting 
     ``for each of fiscal years 2016 through 2018''.
       (b) Native American Programs.--Section 418(b) of the Older 
     Americans Act of 1965 (42 U.S.C. 3032g(b)) is amended by 
     striking ``a national meeting to train'' and inserting 
     ``national trainings for''.
       (c) Legal Assistance for Older Americans.--Section 420(c) 
     of the Older Americans Act of 1965 (42 U.S.C. 3032i(c)) is 
     amended by striking ``national''.
       (d) Repeals.--Sections 415, 419, and 421 of the Older 
     Americans Act of 1965 (42 U.S.C. 3032d, 3032h, 3032j) are 
     repealed.
       (e) Conforming Amendment.--Section 417(a)(1)(A) of the 
     Older Americans Act of 1965 (42 U.S.C. 3032f(a)(1)(A)) is 
     amended by striking ``grandparents and other older 
     individuals who are relative caregivers'' and inserting 
     ``older relative caregivers (as defined in section 372)''.

     SEC. 6. COMMUNITY SERVICE SENIOR OPPORTUNITIES.

       Section 517(a) of the Older Americans Act of 1965 (42 
     U.S.C. 3056o(a)) is amended by striking ``fiscal years 2007, 
     2008, 2009, 2010, and 2011'' and inserting ``each of fiscal 
     years 2016 through 2018''.

     SEC. 7. GRANTS FOR NATIVE AMERICANS.

       Section 643(2) of the Older Americans Act of 1965 (42 
     U.S.C. 3057n(2)) is amended by striking ``fiscal year 2011'' 
     and inserting ``each of fiscal years 2016 through 2018''.

     SEC. 8. VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES.

       (a) Ombudsman Definitions.--Section 711(6) of the Older 
     Americans Act of 1965 (42 U.S.C. 3058f(6)) is amended by 
     striking ``older''.
       (b) Ombudsman Programs.--Section 712 of the Older Americans 
     Act of 1965 (42 U.S.C. 3058g) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by adding at the end the following: 
     ``The Ombudsman shall be responsible for the management, 
     including the fiscal management, of the Office.'';
       (B) in paragraph (3)--
       (i) in subparagraph (A), by striking clause (i) and 
     inserting the following:

[[Page S5161]]

       ``(i) are made by, or on behalf of, residents, including 
     residents with limited or no decisionmaking capacity and who 
     have no known legal representative, and if such a resident is 
     unable to communicate consent for an Ombudsman to work on a 
     complaint directly involving the resident, the Ombudsman 
     shall seek evidence to indicate what outcome the resident 
     would have communicated (and, in the absence of evidence to 
     the contrary, shall assume that the resident wishes to have 
     the resident's health, safety, welfare, and rights protected) 
     and shall work to accomplish that outcome; and'';
       (ii) in subparagraph (D), by striking ``regular and 
     timely'' and inserting ``regular, timely, private, and 
     unimpeded'';
       (iii) in subparagraph (H)(iii)--

       (I) by inserting ``, actively encourage, and assist in'' 
     after ``provide technical support for''; and
       (II) by striking ``and'' after the semicolon;

       (iv) by redesignating subparagraph (I) as subparagraph (J); 
     and
       (v) by inserting after subparagraph (H) the following:
       ``(I) when feasible, continue to carry out the functions 
     described in this section on behalf of residents 
     transitioning from a long-term care facility to a home care 
     setting; and'';
       (C) in paragraph (5)(B)--
       (i) in clause (vi)--

       (I) by inserting ``, actively encourage, and assist in'' 
     after ``support''; and
       (II) by striking ``and'' after the semicolon;

       (ii) by redesignating clause (vii) as clause (viii); and
       (iii) by inserting after clause (vi) the following:
       ``(vii) identify, investigate, and resolve complaints 
     described in clause (iii) that are made by or on behalf of 
     residents with limited or no decisionmaking capacity and who 
     have no known legal representative, and if such a resident is 
     unable to communicate consent for an Ombudsman to work on a 
     complaint directly involving the resident, the Ombudsman 
     shall seek evidence to indicate what outcome the resident 
     would have communicated (and, in the absence of evidence to 
     the contrary, shall assume that the resident wishes to have 
     the resident's health, safety, welfare, and rights protected) 
     and shall work to accomplish that outcome; and'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``access'' and 
     inserting ``private and unimpeded access''; and
       (ii) in subparagraph (B)--

       (I) in clause (i)--

       (aa) in the matter preceding subclause (I), by striking 
     ``the medical and social records of a'' and inserting ``all 
     files, records, and other information concerning a''; and
       (bb) in subclause (II), by striking ``to consent'' and 
     inserting ``to communicate consent''; and

       (II) in clause (ii), in the matter before subclause (I), by 
     striking ``the records'' and inserting ``the files, records, 
     and information''; and

       (B) by adding at the end the following:
       ``(3) Health oversight agency.--For purposes of section 
     264(c) of the Health Insurance Portability and Accountability 
     Act of 1996 (including regulations issued under that section) 
     (42 U.S.C. 1320d-2 note), the Ombudsman and a representative 
     of the Office shall be considered a `health oversight 
     agency,' so that release of residents' individually 
     identifiable health information to the Ombudsman or 
     representative is not precluded in cases in which the 
     requirements of clause (i) or (ii) of paragraph (1)(B), or 
     the requirements of paragraph (1)(D), are otherwise met.'';
       (3) in subsection (c)(2)(D), by striking ``202(a)(21)'' and 
     inserting ``202(a)(18)'';
       (4) in subsection (d)--
       (A) in paragraph (1), by striking ``files'' and inserting 
     ``files, records, and other information''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``files and records'' each place such term 
     appears and inserting ``files, records, and other 
     information''; and
       (II) by striking ``and'' after the semicolon;

       (ii) in subparagraph (B)--

       (I) by striking ``files or records'' and inserting ``files, 
     records, or other information''; and
       (II) in clause (iii), by striking the period at the end and 
     inserting ``; and''; and

       (iii) by adding at the end the following:
       ``(C) notwithstanding subparagraph (B), ensure that the 
     Ombudsman may disclose information as needed in order to best 
     serve residents with limited or no decisionmaking capacity 
     who have no known legal representative and are unable to 
     communicate consent, in order for the Ombudsman to carry out 
     the functions and duties described in paragraphs (3)(A) and 
     (5)(B) of subsection (a).''; and
       (5) by striking subsection (f) and inserting the following:
       ``(f) Conflict of Interest.--
       ``(1) Individual conflict of interest.--The State agency 
     shall--
       ``(A) ensure that no individual, or member of the immediate 
     family of an individual, involved in the designation of the 
     Ombudsman (whether by appointment or otherwise) or the 
     designation of an entity designated under subsection (a)(5), 
     is subject to a conflict of interest;
       ``(B) ensure that no officer or employee of the Office, 
     representative of a local Ombudsman entity, or member of the 
     immediate family of the officer, employee, or representative, 
     is subject to a conflict of interest; and
       ``(C) ensure that the Ombudsman--
       ``(i) does not have a direct involvement in the licensing 
     or certification of a long-term care facility or of a 
     provider of a long-term care service;
       ``(ii) does not have an ownership or investment interest 
     (represented by equity, debt, or other financial 
     relationship) in a long-term care facility or a long-term 
     care service;
       ``(iii) is not employed by, or participating in the 
     management of, a long-term care facility or a related 
     organization, and has not been employed by such a facility or 
     organization within 1 year before the date of the 
     determination involved;
       ``(iv) does not receive, or have the right to receive, 
     directly or indirectly, remuneration (in cash or in kind) 
     under a compensation arrangement with an owner or operator of 
     a long-term care facility;
       ``(v) does not have management responsibility for, or 
     operate under the supervision of an individual with 
     management responsibility for, adult protective services; and
       ``(vi) does not serve as a guardian or in another fiduciary 
     capacity for residents of long-term care facilities in an 
     official capacity (as opposed to serving as a guardian or 
     fiduciary for a family member, in a personal capacity).
       ``(2) Organizational conflict of interest.--
       ``(A) In general.--The State agency shall comply with 
     subparagraph (B)(i) in a case in which the Office poses an 
     organizational conflict of interest, including a situation in 
     which the Office is placed in an organization that--
       ``(i) is responsible for licensing, certifying, or 
     surveying long-term care services in the State;
       ``(ii) is an association (or an affiliate of such an 
     association) of long-term care facilities, or of any other 
     residential facilities for older individuals;
       ``(iii) provides long-term care services, including 
     programs carried out under a Medicaid waiver approved under 
     section 1115 of the Social Security Act (42 U.S.C. 1315) or 
     under subsection (b) or (c) of section 1915 of the Social 
     Security Act (42 U.S.C. 1396n), or under a Medicaid State 
     plan amendment under subsection (i), (j), or (k) of section 
     1915 of the Social Security Act (42 U.S.C. 1396n);
       ``(iv) provides long-term care case management;
       ``(v) sets rates for long-term care services;
       ``(vi) provides adult protective services;
       ``(vii) is responsible for eligibility determinations for 
     the Medicaid program carried out under title XIX of the 
     Social Security Act (42 U.S.C. 1396 et seq.);
       ``(viii) conducts preadmission screening for placements in 
     facilities described in clause (ii); or
       ``(ix) makes decisions regarding admission or discharge of 
     individuals to or from such facilities.
       ``(B) Identifying, removing, and remedying organizational 
     conflict.--
       ``(i) In general.--The State agency may not operate the 
     Office or carry out the program, directly, or by contract or 
     other arrangement with any public agency or nonprofit private 
     organization, in a case in which there is an organizational 
     conflict of interest (within the meaning of subparagraph (A)) 
     unless such conflict of interest has been--

       ``(I) identified by the State agency;
       ``(II) disclosed by the State agency to the Assistant 
     Secretary in writing; and
       ``(III) remedied in accordance with this subparagraph.

       ``(ii) Action by assistant secretary.--In a case in which a 
     potential or actual organizational conflict of interest 
     (within the meaning of subparagraph (A)) involving the Office 
     is disclosed or reported to the Assistant Secretary by any 
     person or entity, the Assistant Secretary shall require that 
     the State agency, in accordance with the policies and 
     procedures established by the State agency under subsection 
     (a)(5)(D)(iii)--

       ``(I) remove the conflict; or
       ``(II) submit, and obtain the approval of the Assistant 
     Secretary for, an adequate remedial plan that indicates how 
     the Ombudsman will be unencumbered in fulfilling all of the 
     functions specified in subsection (a)(3).''; and

       (6) in subsection (h)--
       (A) in paragraph (3)(A)(i), by striking ``older'';
       (B) in paragraph (4), by striking all that precedes 
     ``procedures'' and inserting the following:
       ``(4) strengthen and update'';
       (C) by redesignating paragraphs (4) through (9) as 
     paragraphs (5) through (10), respectively;
       (D) by inserting after paragraph (3) the following:
       ``(4) ensure that the Ombudsman or a designee participates 
     in training provided by the National Ombudsman Resource 
     Center established in section 202(a)(18);'';
       (E) in paragraph (6)(A), as redesignated by subparagraph 
     (C) of this paragraph, by striking ``paragraph (4)'' and 
     inserting ``paragraph (5)'';
       (F) in paragraph (7)(A), as redesignated by subparagraph 
     (C) of this paragraph, by striking ``subtitle C of the'' and 
     inserting ``subtitle C of title I of the''; and
       (G) in paragraph (10), as redesignated by subparagraph (C) 
     of this paragraph, by striking ``(6), or (7)'' and inserting 
     ``(7), or (8)''.

[[Page S5162]]

       (c) Ombudsman Regulations.--Section 713 of the Older 
     Americans Act of 1965 (42 U.S.C. 3058h) is amended--
       (1) in paragraph (1), by striking ``paragraphs (1) and (2) 
     of section 712(f)'' and inserting ``subparagraphs (A) and (B) 
     of section 712(f)(1)''; and
       (2) in paragraph (2), by striking ``subparagraphs (A) 
     through (D) of section 712(f)(3)'' and inserting ``clauses 
     (i) through (vi) of section 712(f)(1)(C)''.
       (d) Prevention of Elder Abuse, Neglect, and Exploitation.--
     Section 721 of the Older Americans Act of 1965 (42 U.S.C. 
     3058i) is amended--
       (1) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``(including financial exploitation)'';
       (B) by redesignating paragraphs (5) through (12) as 
     paragraphs (6) through (13), respectively;
       (C) by inserting after paragraph (4) the following:
       ``(5) promoting the submission of data on elder abuse, 
     neglect, and exploitation for the appropriate database of the 
     Administration or another database specified by the Assistant 
     Secretary;'';
       (D) in paragraph (10)(C), as redesignated by subparagraph 
     (B) of this paragraph--
       (i) in clause (ii), by inserting ``, such as forensic 
     specialists,'' after ``such personnel''; and
       (ii) in clause (v), by inserting before the comma the 
     following: ``, including programs and arrangements that 
     protect against financial exploitation''; and
       (E) in paragraph (12), as redesignated by subparagraph (B) 
     of this paragraph--
       (i) in subparagraph (D), by striking ``and'' at the end; 
     and
       (ii) by adding at the end the following:
       ``(F) supporting and studying innovative practices in 
     communities to develop partnerships across disciplines for 
     the prevention, investigation, and prosecution of abuse, 
     neglect, and exploitation; and''; and
       (2) in subsection (e)(2), in the matter preceding 
     subparagraph (A)--
       (A) by striking ``subsection (b)(9)(B)(i)'' and inserting 
     ``subsection (b)(10)(B)(i)''; and
       (B) by striking ``subsection (b)(9)(B)(ii)'' and inserting 
     ``subsection (b)(10)(B)(ii)''.

     SEC. 9. BEHAVIORAL HEALTH.

       The Older Americans Act of 1965 is amended--
       (1) in section 102 (42 U.S.C. 3002)--
       (A) in paragraph (14)(G), by inserting ``and behavioral'' 
     after ``mental'';
       (B) in paragraph (36), by inserting ``and behavioral'' 
     after ``mental''; and
       (C) in paragraph (47)(B), by inserting ``and behavioral'' 
     after ``mental'';
       (2) in section 201(f)(1) (42 U.S.C. 3011(f)(1)), by 
     inserting ``and behavioral'' after ``mental'';
       (3) in section 202(a)(5) (42 U.S.C. 3012(a)(5)), by 
     inserting ``and behavioral'' after ``mental'';
       (4) in section 306(a) (42 U.S.C. 3026(a))--
       (A) in paragraph (2)(A), by inserting ``and behavioral'' 
     after ``mental''; and
       (B) in paragraph (6)(F), by striking ``mental health 
     services'' each place such term appears and inserting 
     ``mental and behavioral health services''; and
       (5) in section 321(a) (42 U.S.C. 3030d)--
       (A) in paragraph (1), as amended by section 4(g), by 
     inserting ``and behavioral'' after ``mental'';
       (B) in paragraph (14)(B), by inserting ``and behavioral'' 
     after ``mental''; and
       (C) in paragraph (23), by inserting ``and behavioral'' 
     after ``mental''.

     SEC. 10. GUIDANCE ON SERVING HOLOCAUST SURVIVORS.

       (a) In General.--Because the services under the Older 
     Americans Act of 1965 (42 U.S.C. 3001 et seq.) are critical 
     to meeting the urgent needs of Holocaust survivors to age in 
     place with dignity, comfort, security, and quality of life, 
     the Assistant Secretary for Aging shall issue guidance to 
     States, that shall be applicable to States, area agencies on 
     aging, and providers of services for older individuals, with 
     respect to serving Holocaust survivors, including guidance on 
     promising practices for conducting outreach to that 
     population. In developing the guidance, the Assistant 
     Secretary for Aging shall consult with experts and 
     organizations serving Holocaust survivors, and shall take 
     into account the possibility that the needs of Holocaust 
     survivors may differ based on geography.
       (b) Contents.--The guidance shall include the following:
       (1) How nutrition service providers may meet the special 
     health-related or other dietary needs of participants in 
     programs under the Older Americans Act of 1965, including 
     needs based on religious, cultural, or ethnic requirements.
       (2) How transportation service providers may address the 
     urgent transportation needs of Holocaust survivors.
       (3) How State long-term care ombudsmen may address the 
     unique needs of residents of long-term care facilities for 
     whom institutional settings may produce sights, sounds, 
     smells, emotions, and routines, that can induce panic, 
     anxiety, and retraumatization as a result of experiences from 
     the Holocaust.
       (4) How supportive services providers may consider the 
     unique needs of Holocaust survivors.
       (5) How other services provided under that Act, as 
     determined by the Assistant Secretary for Aging, may serve 
     Holocaust survivors.
       (c) Date of Issuance.--The guidance described in subsection 
     (a) shall be issued not later than 180 days after the date of 
     enactment of this Act.
  Ms. COLLINS. Mr. President, I ask unanimous consent that the motion 
to reconsider be made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. COLLINS. Mr. President, the Senate has now passed the 
reauthorization of the Older Americans Act by voice vote.
  As the chairman of the Senate Committee on Aging and as a Senator who 
represents a State with the highest median age, I am well aware of how 
important the programs authorized by this law are to our Nation's 
seniors. They include, for example, Meals on Wheels, which is a 
wonderful program that allows so many of our seniors to stay in their 
own homes and yet have their nutritional needs met. I also know how 
much the seniors in my State look forward to the visits from those who 
are delivering Meals on Wheels. It is a way that their health and well-
being can be checked on. In some cases, it may be the only social 
interaction they have on a given day.
  In my State, the five area agencies on aging are very active in 
delivering the services needed for the seniors in that particular 
community or region in my State, particularly in rural Maine, where 
there may be an absence of services, such as caregiving services. The 
area agency on aging plays an absolutely critical role. In some other 
areas of the State, under the Older Americans Act programs, 
transportation services are provided to our seniors, legal services, 
whatever is needed.
  One of the provisions of this bill in which I have a particular 
interest is the strengthening of the role of the ombudsman for long-
term care. That is important for the quality of care our seniors are 
receiving in nursing homes and other institutionalized settings. But 
the great thing about the Older Americans Act is that it helps many of 
our seniors avoid nursing homes and instead remain in the comfort, 
security, and privacy of their own homes--just where they want to be.
  This bill also takes steps to help safeguard older Americans from 
abuse and financial exploitation. I know from the hearings we have held 
before the Aging Committee that this is a growing problem. In fact, in 
the year 2011, it is estimated that older Americans lost some $2.9 
billion due to schemes that were foisted on them. That probably is a 
greatly understated number because, sadly, 90 percent of this 
exploitation comes from people the senior knows well--either a 
relative, a trusted adviser, or a caregiver. Oftentimes, seniors are 
very hesitant to report these crimes because they don't want to get a 
loved one in trouble or they are simply too embarrassed to go to the 
police.
  We have held hearings on how technology has made the Do Not Call list 
virtually useless these days because unfortunately technology allows 
people from call centers in India, for example, to call into this 
country pretending to be a member of the Internal Revenue Service or 
the local police department. Well, when a senior sees on the caller ID 
that the Department of Treasury from Washington, DC, is calling, they 
are going to pick up the phone, and thus the exploitation begins.
  We are making a real effort on the Aging Committee to educate seniors 
about these con artists and the techniques they use to try to rip off 
people of all ages but with a particular focus on our senior citizens. 
So I am pleased that the Older Americans Act is focused on financial 
exploitation and trying to stop that kind of abuse.
  In short, the reauthorization of these important programs under the 
Older Americans Act is long overdue. While we have continued to fund 
them, the reauthorization expired years ago, and I am very pleased that 
the chairman and the ranking member of the Senate Health, Education, 
Labor and Pensions Committee, of which the Presiding Officer is such a 
valuable member, have worked together to produce the bipartisan bill we 
just passed. This shows what the Senate can do when we work together to 
meet the needs of our citizens.
  It is an honor to be on the floor to manage this bill. I hope, since 
it was 50 years ago this month when the Older

[[Page S5163]]

Americans Act first passed, that we can move rapidly to see it approved 
by the House of Representatives as well and signed into law by the 
President.
  Thank you, Mr. President.
  I yield the floor.
  Mrs. MURRAY. Mr. President, 50 years ago this week, President Lyndon 
Johnson signed the Older Americans Act, which enshrined into law our 
responsibility for helping seniors live healthier, fuller, and more 
independent lives. Fifty years later, I am pleased Congress has worked 
to reauthorize the Older Americans Act to once again uphold that 
promise of our Nation. And I am pleased we came together in a 
bipartisan way to provide important support for seniors in my home 
State of Washington and those across the country.
  I especially thank Senators Alexander, Sanders, and Burr for all of 
their hard work on this bill. I believe we should be doing everything 
we can to support seniors so they can lead healthy, independent lives. 
Improving opportunities for seniors is part of how we can restore some 
much-needed economic security for them. And it is how we can help 
ensure our country is working for all Americans, not just the 
wealthiest few.
  But today, far too many seniors find themselves skipping meals or 
going hungry, instead of getting the nutrition they need. In fact, 9.3 
million seniors in our country face the threat of hunger, according to 
a 2012 report. And in my home State of Washington, 13.5 percent of 
seniors struggle with hunger.
  As if that isn't enough, many seniors face other serious challenges, 
like elder abuse. That can include mistreatment in a nursing home or 
financial exploitation. This bill to reauthorize the Older Americans 
Act supports crucial social services and nutrition programs for 
seniors.
  As one example, this bill sustains our investment in Meals on Wheels. 
In my home State of Washington, more than 460,000 seniors enroll in 
that program. Meals on Wheels is a critical lifeline for them. It is an 
important investment for our country. For every dollar we invest in 
Meals on Wheels, we can save up to $50 in Medicaid spending, according 
to a study from the Center for Effective Government. Among other 
important provisions, the bill also strengthens programs to combat 
elder abuse.
  This bill focuses on the critical importance of both abuse screenings 
and prevention efforts, and it would improve the response to abuse, 
neglect, and exploitation in long-term care facilities. It also puts a 
key emphasis on evidence-based public health programs.
  It bolsters transportation programs, and it ensures that OAA programs 
include a focus on seniors' behavioral health needs. I am proud that 
this bill is the result of strong bipartisan work. It proves yet again 
that when Republicans and Democrats work together, we can get results, 
so I hope we can build on this progress.
  I want to continue to work with Republicans to find common ground and 
get results for families and communities in Washington State and across 
the country. And I hope to continue to work on ways to restore economic 
stability and security to more seniors.
  In 1965, at the original signing of the Older Americans Act, 
President Johnson said the true significance of this bill would be in 
its results. He said he hoped the bill would, quote, ``help us to 
expand our opportunities for enriching the lives of all of our citizens 
in our country, now and in the years to come.''
  Reauthorizing this law will carry out that mission and expand 
opportunities so more seniors can lead healthy, independent lives. It 
is an important part of our work to help the economy grow from the 
middle out, not the top down. It will be another step toward making 
sure our government is working for all families, not just the 
wealthiest few.
  Today, I call on all my colleagues to support this bill. Let's 
reauthorize the Older Americans Act and live up to our Nation's 
responsibility to seniors across the country.
  Mr. LEAHY. Mr. President, I am glad the Senate has turned today to 
the reauthorization of the programs under the Older Americans Act. For 
decades, this law has provided community assistance to seniors in 
underserved and rural areas across the country, but unfortunately, 
these programs have gone unauthorized since 2011. As our population 
ages, seniors face an increased need for community resources, which is 
what makes this bill so important.
  The Older Americans Reauthorization Act of 2015 will prioritize 
funding for crucial community and in-home services that offer the 
protection and reassurance for seniors requiring specialized care. The 
bill will reauthorize transportation assistance and home-delivered 
nutrition programs. It will also strengthen State grants for in-home 
caregiver support. Through the coordination of community and health 
care providers, the bill will improve disease promotion services and 
increase mental health awareness among elderly populations. 
Furthermore, the legislation will strengthen programs that prevent 
senior abuse, neglect, and exploitation by holding health facilities 
and adult care homes accountable for promoting excellent patient care.
  These programs have given seniors in Vermont and across the country 
the chance for independence and wellbeing long after retirement. This 
is not a partisan issue, but one we can all agree requires our 
dedication and support. I am pleased to cosponsor this legislation and 
wish to thank Senators Murray, Alexander, Sanders, and Burr for making 
this issue a priority this Congress. I am pleased the Senate has passed 
this legislation, which will help to improve the livelihood of our 
Nation's seniors.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Ms. HEITKAMP. Mr. President, once again I see my good friend Senator 
Collins fighting for all of the good people of her State and all of our 
States and raising important issues--issues that I dealt with, quite 
honestly, quite a bit when I was attorney general of my State. 
Exploitation is a horrible practice that takes away the dignity and the 
opportunity for a healthy life of an elderly American citizen. So I 
congratulate the Senator from Maine on her fine work, and I pledge my 
full support as she moves forward with this bill.
  I thank the Senator from Maine.

                          ____________________